Fla. Drywall Judge Allows Nuisance, Negligence Claims to Proceed Against Installers

MIAMI - A state court judge in Florida has refused to dismiss nuisance and negligence causes of action against companies that installed allegedly defective Chinese drywall in plaintiffs' homes. In Re: Chinese Drywall Litigation, No. 09-200000-CA-42 (Fla. Cir. Ct., Miami-Dade Cty.).

Miami-Dade Circuit Court Judge Joseph P. Farina ruled July 20 that the plaintiffs' master complaint filed in the court's coordinated drywall docket sufficiently alleged claims for nuisance and negligence, such that the factual accuracy of the allegations could not be determined at this stage in the litigation.

The installers moved to dismiss the nuisance and negligence claims, arguing that …